WATCH | Pravin Gordhan vs Busisiwe Mkhwebane: what you need to know

27 May 2019 - 17:31 By Unathi Nkanjeni

The battle between public enterprises minister Pravin Gordhan and public protector Busisiwe Mkhwebane is continuing after she found Gordhan guilty of improper conduct regarding an early retirement payout to former Sars commissioner Ivan Pillay.

Here's what you need to know:

The initial complaint

TimesLIVE reported that Mkhwebane met Gordhan in 2018 over a complaint laid by presidency staffer Lebogang Hoveka. The complaint was made in 2016 and centred on Gordhan approving Pillay's retirement package and then allowing him to be re-employed by Sars.

Rogue unit

Gordhan confirmed that a subpoena had been served on him by Mkhwabane in relation to the so-called Sars "rogue unit". He was given until April 23 to submit an affidavit to the public protector in response to a complaint about him establishing the "intelligence unit".

Failed submission

Gordhan failed to meet the extended deadline to file an affidavit to Mkhwebane concerning her investigation.

Gordhan's spokesperson, Adrian Lackay, said the minister's legal team was corresponding with the office of the public protector. He said the lawyers were awaiting further correspondence from the public protector and would proceed based on such correspondence.

Guilty of improper conduct

On Friday Mkhwebane found Gordhan guilty of improper conduct regarding Pillay's early- retirement payout.

She recommended that President Cyril Ramaphosa take disciplinary action against Gordhan for "violating the constitution".

Immediate review

Gordhan's lawyers have argued that Mkhwebane's findings are "totally wrong both in fact and in law".

"Our client ... will institute immediate review proceedings against the public protector's report and findings, including the proposed remedial action that she announced to the media," said the lawyers.

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